Rajasthan High Court - Jodhpur
Bhanwara Ram vs The Rajasthan State Road Transport ... on 18 September, 2024
Author: Farjand Ali
Bench: Farjand Ali
[2024:RJ-JD:38400]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 15224/2024
Bhanwara Ram S/o Shri Mangla Ram, Aged About 58 Years, R/o
58, Sukh Basni, Tehsil Degana, District Nagaur, Rajasthan.
----Petitioner
Versus
1. The Rajasthan State Road Transport Corporation, Through
Managing Director, Head Office, Choumu House,
Parivahan Marg, Jaipur.
2. The Chairman, The Rajasthan State Road Transport
Corporation, Head Office, Choumu House, Parivahan
Marg, Jaipur.
3. The Financial Advisor, The Rajasthan State Road Transport
Corporation, Head Office, Choumu House, Parivahan
Marg, Jaipur.
4. The Chief Manager/depot Manager, The Rajasthan State
Road Transport Corporation, Nagaur Depot., District
Nagaur, Rajasthan.
----Respondents
For Petitioner(s) : Mr. Manvendra Singh
For Respondent(s) : --
HON'BLE MR. JUSTICE FARJAND ALI
Order
18/09/2024
1. Heard learned counsel for the petitioner.
2. Learned counsel for the petitioner submits that the
controversy involved in the present case is squarely covered
by a judgment of this Court rendered in S.B. Civil Writ
Petition No.8810/2014 "Tara Chand Vs. Rajasthan State
Road Transport Corporation & Anr." decided on
25.01.2017 in the following terms:-
[2024:RJ-JD:38400] (2 of 3) [CW-15224/2024]
"Apparently, by effect of the above circular, benefit of
second selection scale falling due to the petitioner could
only have been deferred by two years and not more. In this
background, the decision of the respondent Corporation to
defer second selection scale admissible to the petitioner
from 6.10.2008 to 6.10.2019 is totally unjustified, arbitrary
and contrary to the circulars adopted by the Corporation.
The impugned action of the respondents is thus quashed and
struck down. The respondents shall extend the benefit of
second selection scale to the petitioner by making a
deferment of two years from the date of his actual
entitlement. Monetary benefits flowing from the above
direction shall be paid to the petitioner within a period of
six months from today with interest @ 6% per annum from
the date of accrual till the date of actual payment. In case,
the payment is delayed beyond three months, the interest
shall stand enhanced to 9% per annum and shall be
recoverable from the official/s responsible for causing the
delay if any.
The writ petition is allowed in these terms.
No order as to costs."
3. Learned counsel further submits that the order dated
25.01.2017 was affirmed by the Division Bench in D.B. Civil
Special Appeal (Writ) No.524/2018 decided on 02.12.2021.
Against the order dated 02.12.2021 passed by the Division
Bench of this Court, a Special Leave Petition No.10330/2022
was preferred before Hon'ble The Supreme Court and the
same was also dismissed vide judgment dated 13.07.2022.
4. In this view of the matter, the learned counsel for the
petitioner submits that the petitioner may be permitted to file
a representation before the respondents, who shall consider
the same in light of the judgment rendered by this Court in
the case of Tara Chand (supra).
[2024:RJ-JD:38400] (3 of 3) [CW-15224/2024]
5. In view of the limited prayer made by the learned counsel for
the petitioner, the present writ petition is disposed of with a
direction that in the event of filing a representation by the
petitioners, the respondent shall decide the same within a
period of four weeks from the date of its receipt; and if the
case of the petitioner falls within the purview of the law laid
down by this Court in the case of Tara Chand (supra); the
same shall be decided in terms of the judgment above.
(FARJAND ALI),J
58-Samvedana/-
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